ln Pursuance of the Provision of clause(3) of article 348 of the Constituti.on of India, the Governor I.s pleased to order the Publication of the following English translation of Notificati.on No. /XX-5/22/11(38)2022, dated June, 2022 for general information. Government of Uttarakhand Home Department No. €35 /XX-5/22/11(38)2022, Dehradun, Dated, 20 June, 2022 NOTIFICATION ln exercise of the powers conferred by subsection (1) of section 87 of the Uttarakhand Police Act, 2007, the Governor, is hereby pleased to make following Rules for adopting the Procedure to ensure effective Investigation ln appropriate manner of Criminal cases in State of Uttarakhand. The Uttarakhand lnvestif!atlon Procedure Rules. 2022 Short Title, extent 1. and commencement Deflnitlons BODY SKETCII 3. TO ACCOMPANY MEI)ICO LEGAL CERTIFICATE, POST MORTEM REPORT AND INQUEST REPORT: Part.1: GENERAL
(1) These Rules may be called The Uttarakhand Investigation Procedure Rules, 2022.
(2) lt shall come into force atonce. In these rules, unless the context otherwise requires-
(a) `Code' means the code of crlminal procedure,1973;
(b) 'Court' means any crimi.nal court established under the code, any special law or any local law, time being in force;
(c) 'High court' means the High court of uttarakhand, Nainital;
(d) `Government' means the Government of uttarakhand;
(e) `Governor' meansthe Governorofuttarakhand;
PART-ll INVESTIGATION Every Medico Legal Certificate, Post Mortem Report shall contain a printed format of the human body on its reverse and injuries, if any, shall be indicated on such sketch.
Explanation: The printed format of the human body shall contain both a frontal and rear view of the human body as prov'ided in ANNEXURE -A PHOTOGRAPIIS AND 4. VIDEO GRAPHS 0F POST MORTEM/OTI]ER MATTERS IN CERTAIN CASES SCENE MAHAZAR/ 5. SPOT PANCIIANAM
(a) ln case of death of a person in police action [under Section 46 or Sections 129 to 131 of the Code, or death while in police custody, the Magistrate or the Investigating Officer as the case may be, shall inform the hospital or doctor in-charge to arrange for photographs or videography for condiicting the postmortem examination of the deceased. The photographs of the deceased shall also be arranged to be taken in all cases. In other matters Photography/videography shall be coriducted as per necessity.
(b) Such photograph and video graphs shall be taken either by arranging a police photographer or by photographer engaged under these rules, and where neither of the above are available, an independent or private photographer shall be engaged.
(c) Said photographs or video graphs shall be included in Investigation and all iiecessary steps shall be taken by lnvestigation Officer for conserving such photographs/ video graphs during lnvestigati.on.
(d) The lnvestiBating Officer shall ensure that such photographs and videographs, if taken electronically, are seized under a panchnama or seizure memo separately and steps are taken to preserve the original, and ensure that certificate under Section 658 Indian Evidence Act,187Z is obtained and ta ken to be proved during trial.
(e) The video or photographs shall be stored on a separate memory card, accompanied by a duly certified certificate under Sectlon 658 Indian Evidence Act,
1872.
(f) Where post-mortems are recorded in electronic form, the file containing the post-mortem prc)ceedings, duly certified, should be placed with the memory card as an attachment unless individual memory cards are not capable of being produced betore Court.
(a) A Site plan of the place of occurrence of an incident shall be prepared by Investigating Officer to the scene mahazar or spot panchnama. SEPARATloN of 6. PuBLIC PROSECUTORS AND INVESTIGATCh`S.
(b) The site plan shall be prepared by the Investigating Officer by hand or by handwriting of Police draftmen or draftmen engaged under these rules.
(i) The placeofoccurrence.
(ii) The place where the body (or bodies) was/were found.
(iii) The place where material exhibits and/or weapons.
(iv) BIood stains and/or body fluids had fallen.
(v) The place where bullet shells, if any, were found or have caused impact,
(vi) The source of light and presence place of witness, if any, and;
(vii) Adjoining natural and man-made structures ar features such as walls, pits, fences, trees/ bushes, if any and
(vlii) Elevat.lan of structures and their locations.
Note: The Slgnature of the person .in presence of whom Site Plan has been prepared shall be taken on Site Plan.
(c) The preparation of this sketch by the Investigating officer shall be followed by a scaled site plan prepared by police Draftsmen, if available, or Draftsmen engaged under these rules, who shall prepare the scaled site plan after visiting the spot.
(d) The relevant details in the mahazar or panchnama shall be marked and correlated in the said site plan. Under these rules Advocates/Legal Advisors other than the Public Prosecutors shall be engaged by the Government to advise Investigators during the investigation in criminal cases \
PART-Ill : QUALIFICATION, TRAINING, FUNCTIONS AND RESPONSIBILITIES AND OTHERS FOR THE SELECTION OF PHOTOGRAPHER/DRAFTSMEN AND ADVOCATES/ LEGAL ADVISOR QUALIFICATION 7, Qualification determined for the selection of photographer:- TRAINING, FUNCTIONS (i) General Qualitlcatlon AND RESPONSIBILITES AND (a) Be a citizen of India, OTHERS FOR THE SELECTION 0F PHOTOGRAPHER
(b) M'inlmum five years' experience in photography/ v`deography. Preference shall be given to photographer course done from a particular institute for photography.
(c) Minimum educational qualification for photographer should be 12th pass. |d) That no crimlnal case should be registered against him, pending at any stage, Police Character Verification will be necessary before selection. 'li) Training:- Police Photographer shall be given 15 days training by expert Photographers in Police Training College, Narendra Nagar to acquire requisite skills.
(ill) Functions and responslbllltles:
(a) Photographer shall do the photography and video recording of crime scene.
(b) Photographershall be available on phone 24x7.
(lv) Others:
(a) The proposal of honorarium etc. for specialist photographer shall be made available by Police Headquarters to the Home Department of Government. After that honorar'ium shall be decided separately by the government after due consideration.
(b) Payment of bllls related tothe honorarlum of photographer shall be done from the item of professional service . Qualification, Training 8. I:unction and responsibilities and Others for the Selection of Draftsmen. Qualifications determined for the selection ot Draftsmen |1). General Qualification
(a) Beacitizenof India,
(b) Minimum of five years' experience.
(c) The Minimum educational quallfication of Draftsmen is 12`h`pass and Diploma ln Draftsmen from any recognised institution affiliated .in India.
(d) That no criminal case should be registered against him, pending at any stage, Police Character Verification shall be necessary before selection. ('i) Training The Selected Draftsmen shall be compulsorily sent for training of Draftsmen in lTl for atleast one week. Legal Advisor 9. Qua I ification, 10. Training, Functions and Responsibillties of Legal Advisor. {111) Functions and responsibilitles: Draftsmen shall prepare the map of crime scene. Sketch of criminals may also be drawn as and when required by Investigating Officer.
(iv) Others:
(a) Draftsmen shall be available on phone 24x7.
(b) The proposal of honorarium etc. for specialist Draftsmen shall be made available by Police Headquarters to the Home Department of Government. After that honorarium shall be decided separately by the Government after due consideration.
(c) Payment of bills related to the honorarium of Draftsmen shall be done from the item of professional service. One Legal Advisor for Vigilence Headquarters in Dehradun, One Legal Advisor for Central Investigation Department, One legal Advisor for Police Headquarters` Thus a total of 03 Legal Advisors shall be engaged in various headquarters of district Dehradun. In addition to this one Legal Advisor shall be engaged in every district, i.e a total of 16 Legal Advisors shall be engaged in the whole State. Qualifications determined for the selection of Legal Advisor,
(i) General Qualification
(a) Be a citizen of India,
(b) Minimum educational qualification shall be Law Graduate/LLB passed and it shall be mandatory for him/her, to be registered with Bar Council, but if the degree of Bachelor of Law has been obtained after 2010, then it shall be mandatory for him to have qualified All India Bar Examination.
(d) Minimum 5 years' working experience in courts for Criminal Cases.
(e) ln the selection of Legal Advisors, retired Public Prosecutors registered wlth the Bar Council, shall be given preference for selection and services rendered by them in Government Service shall be considered for minimum 5 years' experience.
(ii) Functions and responsiblllties:
(a) The Legal Advisor shall provide Legal Assistance to the Investigating Officers to improve the quality of Investigation.
(b) The Selection of Legal Advisor shall be done on contractual basis as per the arrangements in the Government order no. 111, dated 27- 04-2018 and G.O order No. 173, dated 20-02-2013 and as amended from time to time.
(c) The Legal Advlsor shall give contract letter to the concerned Senior Superintendent of Police/Super.lntendent of Pollce to the effect that he shall neither be an advocate on behal{ of the accused in that case nor will be directly/indirectly involved with the accused and shall ensure complete confidential.ity. In case of violation of this condition the Legal Adv.isor shall be removed immediately on the recommendation of the Selection Committee and one month (Honorarium) shall also be recovered from the concerned. |ill) Honorai.ium The Legal Advisor shall be given R5. 2500/- per case and in any case the honorarium shall not be less than Rs. 25000/- per month up to maximum of Rs 40,000/-per month.
(iv) Others:
(a) Arrangement for the office of legal Adv.Isor in the District Headquarters shall be done by Senior Superintendent of Police/ Superintendent of Police.
(b) Legal Advisor shall be available on phone 24x7 on the basis of demand o{ police officers appointed in the district.
(c) Payment of bills related to the honorarium of Legal Advisor will be done from the item of Professional Service.
(d) That no criminal case should be registered against him, pending at any stage, Police Character Verification shall be necessary before Selection.
PART-IV : SELECTION PROCESS FOR PHOTOGRAPHER, DRAFTSMEN AND LEGAL ADVISOR COMPOSITION OF 11. A Committee shall be constituted under the chairmanship of Senior SELECTION COMMIITEE Superintendent of Police/ Super.intendent of Police at the district level for the selection of Photographer, Draftsmen and Legal Advisor. The Selectlon Commlttee shall be constituted as follow/s:-
(a) Superlntendentof police/ Senior Superintendent of Police-
(b) Any Sub Divisional Magistrate nominated by District Magistrate-
(c) Anycjrcle officer/ Additional Superintendent of Police nominated by Senior Superintendent of Police / Superintendent of Police-
(d) Officer ln-charge of prosecution Department of concerned district- Chairman Member Member Member Note- The said Commlttee; may obtain the opinion of District Judge, in relation to the experience, conduct of Judicial work of the appllcant legal Adviser, if dee`med *necessary. APPROVAL FOR 12. The approvalofthestate Governmentshall be soughton selectl.on ofLe8al SELECTloN Advisors by the selection committee and Approval of police Headquarters ON EXTENSION shall be sought after the Selection of Photographers/Draftsmen. Similarly,for the extension of the tenure of Legal Advisor, approval of State Government shall be taken while for the extension of tenure of photographers/draftsmen, approval of the Police Headquarters shall be taken. On aforesaid Posts for inviting the appllcationdfrom interested candidates, advertisement shall be published in two National Newspapers bv Senior Superintendent/ Superintendent of police.
Note- The said Photographer/Draftsmen and Legal Adv(sor shall normally work under the directloi`L of Senior Superintendent of Police/ Superintendent of Police or an officer designated by them. ` By Order, (RadwlawR'atum Additional Chief Secretary,Home